• Journal of Arbitration Studies
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• v.17 no.3
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• pp.101-119
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• 2007

Arbitration is contractual by nature. One cannot be required to submit to arbitration any dispute which he has not agreed to so submit. As commercial transactions become increasingly complex, involving multiple parties and numerous contracts for a single transaction, however, limiting the parties who are subject to arbitration to only those who have signed a contract containing an arbitration clause would frustrate the purpose of such arbitration clause and might lead to injustice among the relevant parties. Therefore, U.S. courts have recognized a number of theories under which non-signatories may be bound to the arbitration agreement of others: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter ego; and (5) estoppel. Incorporation by reference and veil-piercing theories have already been recognized by Korean courts. Agency theory and estoppel theory are not recognizable under Korean law. However, the same or similar result may be achieved by applying the third party beneficiary theory or assumption by third party theory. Although a couple of Supreme Court cases appear to be at odds with the assumption theory, on the basis of the recent amendments to the Arbitration Act, such court precedents can be and should be reversed.

• Journal of Information Technology Applications and Management
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• v.19 no.3
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• pp.49-68
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• 2012

M&A (Merger and Acquisitions) is a standard corporate strategy frequently used by companies seeking to secure new growth engines and gain a solid foothold in their markets in order to become more globally competitive. To achieve the original goals of M&A, the two involved parties need to invest significant time and resources in integrating all aspects of the companies. A well-planned post-merger integration of information technology (IT PMI) by the two M&A parties is considered a crucial and difficult process because IT provides a fundamental infrastructure for integration. Considering various internal and external factors, the two parties normally formulate an IT PMI strategy. The many IT PMI strategies can be categorized into four major types: Renewal, Takeover, Standardization, and Synchronization. This study aims to develop a decision making model to help merger company and IT managers select the proper IT PMI strategy. More specifically, we identify key determinants that need to be considered when selecting a proper IT PMI strategy. The relative importance of each determinant is defined by analytic hierarchy process (AHP) analysis. Finally, this study evaluates each IT integration strategy under the identified determinants.

• ETRI Journal
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• v.39 no.1
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• pp.135-144
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• 2017

Recently, mobile phones have been recognized as the most convenient type of mobile payment device. However, they have some security problems; therefore, mobile devices cannot be used for unauthorized transactions using anonymous data by unauthenticated users in a cloud environment. This paper suggests a mobile payment system that uses a certificate mode in which a user receives a paperless receipt of a product purchase in a cloud environment. To address mobile payment system security, we propose the transaction certificate mode (TCM), which supports mutual authentication and key management for transaction parties. TCM provides a software token, the transaction certificate token (TCT), which interacts with a cloud self-proxy server (CSPS). The CSPS shares key management with the TCT and provides simple data authentication without complex encryption. The proposed self-creating protocol supports TCM, which can interactively communicate with the transaction parties without accessing a user's personal information. Therefore, the system can support verification for anonymous data and transaction parties and provides user-based mobile payments with a paperless receipt.

• Journal of the Korean Home Economics Association
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• v.23 no.4
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• pp.79-100
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• 1985

This study was designed to establish Korean food culture by analyzing 17 sets of Jinyounuigue, Jinchanuigue, and Jinjarkuigue which were the records of royal party procedures in Yi dynasty, Analysis was made on royal parties in terms of table setting, kinds of dishes served, composition of foods, frequency of the food materials used, and food items changed over the period from 1719 to 1902, the latter half period of Yi dynasty. Foods used in those parties were classified into seven groups in this study; rice and noodoes, side dishes, Docks, desserts, fruits and nuts, beverages, and sauces. There were about 10 kinds of steamed rice and noodles including Mandoo and Byungtang, 140 different kinds of side dishes, 53 kinds of Kocks, 142 kinds of various desserts, especially Dasik and Korean cookies, 38 kinds of fruits and nuts, 10 kinds of beverages including Hwachae and Sujeongkwa, and 10 kinds of sauces such as soy sauce, mustard, honey, and etc. There was no tendency in omission or addition of food materials, but the number and heights of dishes were designated by the scale or character of the party. There were unique measuring units that were quite different from metric system. More than 30 different units were appeared in the differences. Most of them were used for typical items such as Sari for noodles only. However some were quite general and used until now. Mal and Dye were the units for volume, Kwan and Kuen for weight, and Chock and Chon for length.

• Journal of the Korean Society of Marine Environment & Safety
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• v.18 no.5
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• pp.496-504
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• 2012

In the field of environmental protection, close co-operation between Contracting Parties is strongly required and the reporting obligation under MARPOL 73/78 is playing an important role as a part of international co-operation for the environmental protection. In this paper, I review the meaning of reporting obligation under MARPOL 73/78 from the perspective of the international law, and investigate the status of implementation for the reporting obligation. For this purpose, I analyze status of implementation for last 10 years from 2001 to 2010 regarding reporting obligations under MARPOL 73/78 in accordance with MEPC/Circ.318. Finally, I suggest the way forward to improve Contracting Parties' compliance with reporting obligations through this analysis.

• Journal of Arbitration Studies
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• v.26 no.2
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• pp.3-25
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• 2016

Lately each country tends to provide neutrality and ease of enforcement in order to settle disputes related to international trade through commercial arbitration. In order to expand the use of arbitration systems, most countries accept arbitration agreements as an effective tool agreed between parties that express their intent to settle disputes by the arbitration. It is applied equally to selective arbitration agreements and parties can select either arbitration or lawsuit to settle disputes based on the contract intent for selective arbitration agreements. However, China does not admit the effectiveness of selective arbitration agreements. Chinese courts regard selective arbitration agreements as not valid because the contract of a selective arbitration agreement between parties is not a definite expression to only use the arbitration and there is no exclusion of court jurisdiction. Therefore, the study attempts to consider effective conditions for selective arbitration agreements in the Chinese arbitration act and other relevant regulations, and also verifies the judgment by Chinese courts on relevant disputes. As a result, the study explores some problems and implications of Chinese selective arbitration agreements and suggests some precautions in case Korean companies pursue selective arbitration agreements with Chinese enterprises and investors.

• Journal of Information Technology Applications and Management
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• v.11 no.3
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• pp.1-21
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• 2004

To meet the needs of the information age, the Korean government has placed a high priority in building the IT -capable workforce. Though a sizable financial resource was committed in implementing the policy, its effectiveness was not examined yet. The policy for the workforce development should be assessed continuously so that any misdirections are detected and redressed. The present study addresses four potential problems that would not allow the government to switch from a quantity-based policy to a quality-based policy. These are ① Korean universities' labor supply chain. ② moral hazard problems. ③ financial capacity of students, ④ horizontal policy orientation. The paper also proposes solutions to the mentioned problems. The government should foster an environment in which provide the concerned parties(universities. private institutions. students. etc,) with incentives to participate actively and promote the market principle of labor supply and demand. Such an ex-ante approach is believed to improve the system's efficiency compared to the extant approach based on ex-post KPI figures. If the four issues are not redressed. the market failure is likely to occur. The government should not make direct involvement in developing manpower, but rather be a linchpin to pull all concerned parties together. By doing so. the government should be able to fill the gap among parties in the system. One government role would be like defining workforce categories and promoting their career paths. Such role will also trigger universities and private institutions to pursue differential strategies along the supply chain of a particular workforce type.

• Asian Journal for Public Opinion Research
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• v.1 no.2
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• pp.73-89
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• 2014

Everyone has a voice and can broadcast it to the world. We hear about the old maxim of media do not tell people what to think but what to think about. Under this theory or approach, a key function of political communication is to make the public think about an issue in a way that is favorable to the sender of the message. In a democracy, political communication is seen as crucial for the building of a society where the state and its people feel they are connected. Thus, this is a study on how social media (e.g., Facebook, blogs, and YouTube) were used in the domain of Malaysian politics during the 13th general election campaigning period in order to set the agenda to form public opinion. The study found that Facebook was the most popular social media tool that political parties actively engaged with during the 13th general election campaign period. Apart from that, issues pertaining to the election were significantly highlighted by the political parties in social media, especially Facebook. However, other issues that were also important to the people such as the economy, crime, and education were not sufficiently highlighted during the election campaign period. This indicates that the political parties influence the public on what to think about using social media.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.83-103
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• 2000

Through the this paper, a conclusion could be derived from CISG PICC MISC made by UNIDROIT, UNCITRAL, ICC of representative system making out a draft for uniform law, convention, trade usages. (1) In short, like most int'l sales rules applicable to commercial contracts, these rules play a supporting role, supplying answers to problems arising from transaction between the parties. (2) Though every one has in its own way a special feature, use of MISC made on the basis of actual facts which the parties are faced with their daily transactions, CISG and Incoterms being now in force, is desirable. (3) In case of use of MISC similar to a system of Incoterms, as PICC, it is necessary for MISC to set forth definitions about important terminology which is possible to give concerned parties confusion. (4) In a sense, PICC has a character complementing problems which CISG can not solve, therefore, if int'l agreement is given, it is desirable to adopt revised PICC adding specials conditions (A) of MISC as appendix of PICC such as Llouyd's Form in an appendix to MIA, as int'l convention.

• Management & Information Systems Review
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• v.3
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• pp.419-438
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• 1999

Following is an idea to utilize the business ethics as one of business administration strategies. Firstly, conversion of perception is needed in the business administration. Neglecting the pursuit of profit, the conventional strategic goal, is not desirable, we need to, however, have a mind that the consumer and environment centered mind is indispensible to the survival and growing of a business ultimately in establishing a strategic goal of diversified environmental changes. Secondly, conversion of the Chief Executive Officer (CEO)'s attitude in business administration is needed. It is necessary for the CEO to have a strong belief that the business ethics is indispensible to the survival and growing of a business by way of fair and logical management. Therefore the business ethics should be improved since the CEO's ethics can be the standard of his business. Thirdly, the business concerned parties should be considered. The realization of business ethics should be done in a certain way so as to protect the benefit of the all concerned parties such as stockholders. employees, consumers, suppliers, competitors, the local community, etc., since a business is an organization that can exists and grows only in the coexistence with its environment and concerned parties. Fourth, the business ethics should be transformed into a business culture through the enlargement of the general principles of and of employees' behavior as a management strategy. Lastly, business ethics should be improved through continuous evaluations to accommodate its environmental change.